Child Abuse Archives

What Should I Do When a Family Court Judge Refuses to Look at My Evidence?

What should I do when a family court judge refuses to look at my evidence of abuse because my ex’s lawyer lied about me bringing it to him when I had a witness with me? What you can or should…

State in Interest of P.J.R., 2023 UT App 27

THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF P.J.R., A PERSON UNDER EIGHTEEN YEARS OF AGE. C.S., Appellant, V. STATE OF UTAH, Appellee. Opinion No. 20220264-CA Filed March 23, 2023 Sixth District Juvenile Court, Manti Department…

In Re K.K. – 2023 UT App 14 – Abuse and Neglect Adjudication

March 15, 2023

Divorce Utah

Abuse, Appeal, Child Abuse, Child Custody, Child Neglect, Court Orders, Custody, Division of Child and Family Services (DCFS), Emotional abuse, Evidence, Family Law, Findings of Fact and Conclusions of Law, Guardianship, Juvenile Court, Physical Custody, Procedure and Evidence, Utah Code, Utah Court of Appeals Decisions, Utah Law

(b), § 80-1-102(92), ¶ 14, ¶ 27, ¶ 9, 2011 UT 71, 2017 UT 44, 2018 UT App 141, 2020 UT App 114, 2021 UT 36, 2022 UT 39, 424 P.3d 91, 496 P.3d 58, abuse, abuse adjudication, against the clear weight of the evidence, and (B), appeal, both neglected and abused, clear and convincing evidence harmed or threatened harm, clearly erroneous, conclusions of law, defined, domestic violence in the presence of a children, error, Essential Botanical Farms, facts, findings of fact, In re A.B., In re C.M.R., in re E.R., In re K.T., In re N.M., juvenile court, LC v. Kay, mixed questions of law and fact, neglect adjudication, prejudiced, speculate, Utah Code § 80-1-102(1)(a)(i)(A), Utah Code § 80-1-102(37)(a), Utah Code § 80-3-402, Utah Code § 80-3-402(1), Utah Court of Appeals, very highly probable

In re K.K. – 2023 UT App 14 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.K., S.K., AND S.K., PERSONS UNDER EIGHTEEN YEARS OF AGE. B.K., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20220051-CA…

In re K.K. – 2023 UT App 13

March 14, 2023

Divorce Utah

Abuse, Child Abuse, Child Custody, Child Neglect, Court Orders, Division of Child and Family Services (DCFS), Emotional abuse, Evidence, Family Law, Findings of Fact and Conclusions of Law, Guardianship, Juvenile Court, Physical Custody, Procedure and Evidence, Uncategorized, Utah Law

(b), § 80-1-102(92), ¶ 14, ¶ 27, ¶ 9, 2011 UT 71, 2017 UT 44, 2018 UT App 141, 2020 UT App 114, 2021 UT 36, 2022 UT 39, 424 P.3d 91, 496 P.3d 58, abuse, abuse adjudication, against the clear weight of the evidence, and (B), appeal, both neglected and abused, clear and convincing evidence harmed or threatened harm, clearly erroneous, conclusions of law, defined, domestic violence in the presence of a children, error, Essential Botanical Farms, facts, findings of fact, In re A.B., In re C.M.R., in re E.R., In re K.T., In re N.M., juvenile court, LC v. Kay, mixed questions of law and fact, neglect adjudication, prejudiced, speculate, Utah Code § 80-1-102(1)(a)(i)(A), Utah Code § 80-1-102(37)(a), Utah Code § 80-3-402, Utah Code § 80-3-402(1), Utah Court of Appeals, very highly probable

In re K.K. – 2023 UT App 13 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.K., S.K., AND S.K., PERSONS UNDER EIGHTEEN YEARS OF AGE. D.K., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20220050-CA…

From Pro Publica: Barricaded Siblings Turn to TikTok While Defying Court Order to Return to Father They Say Abused Them

There is far more to this story than the headline reveals. From Pro Publica: Barricaded Siblings Turn to TikTok While Defying Court Order to Return to Father They Say Abused Them https://www.propublica.org/article/parental-alienation-utah-livestream-siblings#:~:text=Two%20siblings%20in%20Utah%20have,had%20sexually%20abused%20the%20children Is there any question whether the court would…

In Re A.H. – 2022 UT App 114 – Termination of Parental Rights

March 2, 2023

Divorce Utah

Adoption, Appeal, Best Interest of the Child, Child Abuse, Child Custody, Child Neglect, Child Protective Services, Child Support, Court Orders, Custody, Evidence, Family Law, Findings of Fact and Conclusions of Law, Grandparent rights, Guardianship, Ineffective Assistance of Counsel, Judges, Juvenile Court, Mental Illness, Parental Fitness, Parental Rights, Physical Custody, Procedure and Evidence, Substance Abuse, Utah Code, Utah Court of Appeals Decisions, Utah Law

2021 UT 19, 455 U.S. 745, 530 U.S. 57, 648 P.2d 1364, abandonment, abuse, adoption, appeals, best interest, clear and convincing evidence standard, deference, federal and state constitutions Troxel v. Granville, foster parents, fundamental rights, guardianship, In re G.D., In re J.P., juvenile court, lower court findings, most important rights, neglect, parental rights, permanent guardianship, present-tense fashion, relatives, reverse, right of parents to raise their children, Santosky v. Kramer, stipulation, strictly necessary, termination, two-part test, United States Constitution, Utah Code § 80-4-104(1)

2022 UT App 114 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.H., J.H., J.H., L.H., N.H., S.H., AND E.H., PERSONS UNDER EIGHTEEN YEARS OF AGE. N.J.H. AND S.H., Appellants, v. STATE OF UTAH, Appellee. Opinion…

If a Mom Is Abusing Her Children, and the Dad Doesn’t Want Sole Custody Because Child Support Is Cheaper, What Can the Court Do?

February 17, 2023

Divorce Utah

Abuse, Best Interest of the Child, Child Abuse, Child Custody, Child Neglect, Children in Divorce, Custody, Joint Legal Custody, Joint Physical Custody, Marital Property, Parentage, Physical Custody

child abuse, child custody, division of assets

Thank you for your question, and forgive me for approaching this question in a way that may not answer your question as directly as it could be; I hope you will find my answer enlightening just the same. If my…

In Re J.E. 2023 UT App 3, Voluntary Declaration of Paternity

2023 UT App 3 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.E., A PERSON UNDER EIGHTEEN YEARS OF AGE. D.E., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20210921-CA Filed January 20, 2023 Third District…

In Re K.T. 2023 UT App 5 – Substantiation of Child Abuse

2023 UT App 5 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.T., A PERSON UNDER EIGHTEEN YEARS OF AGE. J.K., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20210553-CA Filed January 20, 2023 Third District…

In re G.B. – 2022 UT App 98

August 9, 2022

Divorce Utah

Abuse, Addiction, Best Interest of the Child, Child Abuse, Child Custody, Child Neglect, Emotional abuse, ORS (Office of Recovery Services), Physical Abuse, Physical Custody, Substance Abuse

child abuse, child neglect, drug issues, juvenile court

2022 UT App 98 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF G.B. AND A.C., PERSONS UNDER EIGHTEEN YEARS OF AGE. T.R.B., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20210396-CA Filed August 4, 2022 Fifth…

How can I reveal my soon-to-be ex as having NPD in our custody case?

How can I reveal my soon-to-be ex as having NPD in our child custody case? You’re asking the wrong question. You shouldn’t be asking how you can prove your spouse has NPD (or some other mental or emotional disorder), but…

How can I help my stepdaughter get away from an abusive mother?

How can I help my 12-year-old step daughter get away from an emotionally abusive mother? Tell the child’s father (your husband) about the trouble and have him handle it. It’s not legally your fight. You should certainly share your observations…

I’m 14 and my mom is making me live with my dad. How do I stop this?

I’m 14 and my mom is making me live with my dad and is giving him custody. What can I do to prevent this from happening? I’m a divorce and family lawyer, and I see this question arise frequently. If…

How effective are AMBER Alerts in child custody cases?

March 17, 2022

Divorce Utah

Child Abuse, Child Custody, Child Neglect, Child Protective Services, Domestic Violence, Family Law

Amber Alert, child protective order, child protective services, CPO, CPS, effective, family law, family lawyer, kidnapping

It depends upon what criteria define “effective”. More child abductions have been prevented with the Amber Alert system in place than without it, yet it’s impossible to say how many abducted children would have been found in the absence of…

How do you win a case against your ex for false accusations?

If you find an attorney who knows a sure-fire, fail-safe way to defend an ex-spouse or an ex-boyfriend/ex-girlfriend against “false accusations,” that attorney is likely a multimillionaire because possessing such a skill/power would be superhuman/miraculous. False accusations exist because they…

How can I help my step-child get away from an abusive mother?

How can I help my 12-year-old step-daughter get away from an emotionally abusive mother? Tell the child’s father (your husband) about the trouble and have him handle it. It’s not legally your fight. You should certainly share your observations and…

In re J.L… 2022 UT 12 – termination of parental rights

2022 UT 12 IN THE SUPREME COURT OF THE STATE OF UTAH STATE OF UTAH, in the Interest of J.A.L. and J.O.L., Persons Under Eighteen Years of Age J.L. and J.A., Appellants, STATE OF UTAH, Appellee. No. 20200271 Heard September…

These Moving Companies Move Domestic Abuse Victims for Free

February 17, 2022

Divorce Utah

Abuse, Child Abuse, Domestic Violence, Family Law, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

abuse, abusive relationship, divorce, domestic abuse victims, Domestic Violence, domestic violence victims, family, movers, moving

Today’s blog post is a guest post from Hire A Helper. This is not a paid placement. We hope you find it useful, if you or a loved one need this kind of help. Domestic abuse happens more than you might think,…

In re J.P. – 2021 UT App 134 – termination of parental rights

In re J.P. – 2021 UT App 134 2021 UT App 134 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.P. AND T.P., PERSONS UNDER EIGHTEEN YEARS OF AGE. T.L., Appellant, v. STATE OF UTAH, Appellee. Opinion…

T.W. v. S.A. – 2021 UT App 132 – child custody

January 14, 2022

Divorce Utah

Alimony and Support, Amicable Divorce, Annulment of Marriage, Antenuptial Agreements, Appeal, Assets/Debt/Property, Attorney Fees, Best Interest of the Child, Business Interests, Business Valuation, Child Abuse, Child Care Costs, Child Care/Surrogate Care, Child Custody, Child Custody Modification, Child Neglect, Child Protective Order, Child Protective Services, Child Support, Child Support Calculation, Child Support Enforcement, Child Support Modification, Children in Divorce, Civil Stalking, Civil Stalking Injunction, Co-parenting, Cohabitation, Common Law Marriage, Contempt of Court, Coping With Divorce, Court Orders, Court Rules, Custodial Interference, Custody, Custody Evaluation, Daycare, Debts, Dirty Tricks, Discovery, Division of Child and Family Services (DCFS), Division of Marital Property, Divorce, Divorce and Taxes, Divorce Attorneys, Divorce Causes, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Utah, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

appellate courts, child custody, child custody arrangement, child custody award, court decisions, custody, Utah Court of Appeals, Utah law

2021 UT App 132 THE UTAH COURT OF APPEALS T.W., Appellant, v. S.A., Appellee. Opinion No. 20200397-CA Filed November 26, 2021 Third District Court, West Jordan Department The Honorable Dianna Gibson No. 134401457 David Pedrazas, Attorney for Appellant Laja K.…